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A girl who chased down and killed a 62-year-old man who brought about a minor visitors crash by operating a crimson gentle claims she by no means supposed to shoot him – solely to take down his license plate quantity for 911 dispatchers.
Nonetheless, witnesses informed a special story at 25-year-old Hannah Payne’s homicide trial, telling jurors that the lady lower off Kenneth Herring together with her automobile, jumped out and punched him after the Could 7, 2019 collision.
Then, witnesses mentioned, she brandished her hip-holstered gun, threatened to shoot Herring twice and “instantly” did so, per FOX 5 Atlanta.
“You don’t get the dying penalty for committing a visitors infraction,” Nigel Hunter, a Clayton County assistant district lawyer, mentioned in his closing arguments.
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Hannah Payne, 25, was discovered responsible on Tuesday of felony homicide, malice homicide, aggravated assault, false imprisonment and three weapons possession expenses within the dying of 62-year-old Kenneth Herring. (FOX 5 Atlanta)
On Tuesday, Payne was convicted on felony homicide, malice homicide, aggravated assault, false imprisonment and weapons possession expenses in a Clayton County court docket, the outlet reported.
The jury reportedly took simply two hours to render the decision. The girl appeared down and sobbed because it was learn, per FOX 5.
Each Payne and witnesses agreed she drew her gun – however throughout her Monday testimony, she claimed she by no means supposed to fireplace. As an alternative, she claimed, Herring shot himself in a battle for the weapon.
Payne’s automobile was not concerned within the crash on the middle of the lethal altercation. She reportedly pulled over to dial 911 after witnessing Herring run a crimson gentle in his Dodge Dakota pickup truck and trigger a minor crash with a semi-truck.
Herring waited on the scene of the crash for 15 to twenty minutes earlier than driving away, in line with Regulation & Crime.
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Hannah Payne wept because the Clayton County jury handed down its verdict on Tuesday. (Fox 5 Atlanta)
At the moment, a state corrections officer who additionally witnessed the crash testified, he displayed signs of a diabetic shock – his eyes had been red-orange, he appeared disoriented and he reportedly circled his truck a number of instances.
Payne testified that the corrections officer informed her the person was “OK, however… positively inebriated” as they waited on the scene.
Per her testimony, this prompted Payne and the semi-truck driver to ask on the identical time “Do you imply he is drunk?”
Regardless of being informed a complete of 4 instances by 911 operators not to take action, she pursued Herring in her Jeep after he left the scene of the crash after realizing nobody on the scene had taken down his license plate quantity.
“OK, so that you couldn’t get a tag quantity?” a 911 dispatcher requested, per FOX 5.
“No, however I’m catching as much as him proper now,” Payne responded.
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Kenneth Herring, 62, was shot useless by Hannah Payne, 25, at a Clayton County intersection in Georgia on Could 7, 2019, after he drove away from the scene of a minor automobile crash. (FOX 5 Atlanta)
“OK, ma’am we really don’t need you to chase him, we simply need you to be secure,” the dispatcher mentioned within the recording.
Payne claimed in her testimony that Herring was revving his engine as he pulled away.
“He’s drunk. I’m not,” Payne informed the dispatcher, per recordings of her two 911 calls performed in court docket. “I’m sorry, however I’m right here to inform you I’m not not going to observe him as a result of he’s going to trigger an accident.”
Payne would inform the court docket she was “beneath the impression, with having 911 on the cellphone, that [she] could be a messenger.” She additionally informed the court docket that she understood the dispatcher’s directions to disengage as “recommendations.”
Payne confronted Herring after catching up with him at an intersection, telling him to return to the scene of the crash.
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Kenneth Herring’s household was photographed embracing after listening to Hannah Payne’s responsible verdict in a Clayton County court docket on Tuesday.
“We’re loud, it is close to an interstate, it is a busy highway and I am unable to hear what he is saying to me. However as I am getting nearer to him, I hear him ask me who the f— am I,” Payne informed the court docket.
She mentioned he then knocked her cellphone out of her hand and later reached out of his truck to seize her by her shirt. He ripped the shirt with the drive of his seize, she claimed, and dragged her alongside together with his automobile when he “mashed the gasoline.”
The Georgia lady mentioned she introduced that she had a gun when the person refused to let go, and was pressured to unholster it when he wouldn’t pay attention, she mentioned.
“I pulled it out and instantly began making an attempt to only proceed to push towards the door with it — like push it away from him” she testified.
Then, she claimed: “He grabbed my hand with the gun in it.”
“As he’s pulling it’s when it — the set off went off,” she continued. “After it went off, my whole physique type of fell backwards.”
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Hannah Payne, 25, is seen outdoors Kenneth Herring’s pickup truck shortly earlier than taking pictures the person on Could 7, 2019.
Primarily based on witnesses’ testimonies, prosecutors refuted the declare.
“She’s utilizing lethal drive; she wasn’t confronted with lethal drive,” District Legal professional Tracy Graham Lawson mentioned, per Regulation & Crime. “You can not declare self-defense and use lethal drive except you’re not the preliminary aggressor – she is.”
After taking pictures the person, per the recorded 911 calls, Payne requested that an ambulance be despatched to the scene.
In physique digicam footage captured by a responding police officer and performed for jurors, Payne mentioned that she “was overwhelmed,” “scared” and “did not actually know what was occurring” after the incident.
“Clearly, making an attempt to do the fitting factor shouldn’t be the fitting reply,” Payne mentioned as she started to cry, per FOX 5.
Payne’s sentencing is scheduled for 10 a.m. Friday. Matt Tucker, Payne’s protection lawyer, requested the decide to ballot each juror after they learn their verdict. He couldn’t be reached for remark at press time.
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Hannah Payne’s sentencing is scheduled for this Friday at 10 a.m. (Fox 5 Atlanta)
“This isn’t some killer, this isn’t some homicide,” Tucker mentioned in his closing arguments. “She’s some younger woman who received caught up within the improper scenario.
“In her thoughts, she was a younger particular person making an attempt to assist out,” Tucker continued. “No good deed goes unpunished.”
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Herring’s household was photographed rejoicing after Payne’s verdict was learn, and informed FOX 5 Atlanta that the Clayton County jury “did its job.”
“Once I heard the primary verdict, I knew we weren’t supposed to indicate indicators, however tears simply began rolling down my face as a result of at that second I felt a reduction that came visiting,” mentioned Jacqueline Herring, one in all Herring’s sisters.
